Patent example cases

Initial situation:

From the mechanical engineering viewpoint, a motorcycle frame must fulfil two basic tasks, namely on the one hand to receive the weight of driver, passenger, motor and transmission and other attachment parts and on the other hand, with other components of the chassis, ensure that the motorcycle has good handling. Handling is understood as the driving behaviour of the motorcycle as is perceived by the rider and is thereby substantially influenced by the stiffness of the frame. Thus, changes in the stiffness of the motorcycle frame can change the rding behaviour of the motorcycle overall precisely as strongly as for example a significant change in the power of the drive motor of the motorcycle or the weight of the motorcycle. The motorcycle frame invented by my client combines seemingly incompatible features. These are a weight reduction of the frame with the feature of a significantly increased stiffness with a simultaneous reduction in the required production time.

Aim:

My aim was to protect the motorcycle frame and the motorcycle equipped with this comprehensively in terms of patent rights.

Solution:

Firstly a comprehensive search for known frame constructions was made in order to determine the known constructions and therefore the prior art. Then, in detailed discussions with the inventors involved in the development of the frame I worked out the essential differences of the new frame from the known frames. Thus, essential distinguishing features could be determined for the technological progress of the new frame. I incorporated these in a European Patent Application for the frame, which takes detailed account of all the features of the frame. After rapidly passing through the examination process before the European Patent Office, I was thus able to protect the frame and the motorcycle having the frame with patent rights in many European countries.

Patent right case 02 - Europe-wide protection for the technology and design of innovative sports articles

Initial situation:

One of my clients has a presence in the field of golf caddies. A problem with existing caddies was that the golf bag containing many clubs had to be removed from the caddy when the caddy was to be stowed in the boot of a car. This problem was solved with a technically very innovative caddy.

The caddy which was equipped with many carbon parts and therefore very light has a foldable structure which allows the golf bag to be left on the caddy and to be stowed together with the caddy in the boot of a normal car. In addition, it has a controllable electric drive so that the caddy no longer needs to be pushed by the player. The said technical features had not been known hitherto. Also the design of the caddy differed significantly from the designs known on the market.

Aim:

In view of this initial situation, a Europe-wide protection for the innovative caddy should be achieved.

Solution:

Firstly a search was made for relevant property rights of the competitors operating in the market. An application was made for a patent for the innovative technology of the caddy in a comprehensive European Patent Application. At the same time, an application was made for a European Registered Design to protect the design of the caddy. With both property rights protection for the technology and the design of the caddy could be achieved in the entire European community in an inexpensive manner.

A new product trademark is also to be protected for the caddy. On this matter a search was made for earlier trademarks and finally a trademark was applied for and registered as a community trademark for the caddy.

Thus both the technology and also the design of the new caddy could be protected against imitations by competitors. In addition a trademark could also be created inside the European Union which functions as an indication of origin to the business operation and makes the caddy stand out on the market.